The Proceeds of Crime Act, 2000 - The Bahamas Laws On-Line ...

PROCEEDS OF CRIME [CH.93 – 27(a) a person is to be charged with a drug trafficking orrelevant offence or an application as mentioned insubsection (1)(a,) is to be made; and(b) the court is satisfied as mentioned in subsection(1)(c).(4) For the purposes of sections 26 and 27, at anytime when those powers are exercisable before proceedingshave been instituted —(a) references in this Act to the defendant shall beconstructed as references to the person referredto in subsection (3)(a); and(b) references in this Act to realisable property shallbe construed as if, immediately before that time,proceedings had been instituted against theperson referred to in subsection (2) for a drugtrafficking or relevant offence.(5) Where the court has made a restraint or chargingorder by virtue of subsection (3), the court shall dischargethe order if proceedings in respect of the offence are notinstituted, or if the application is not made, within suchtime as the court considers reasonable.26. (1) The court may make a restraint order toprohibit any person from dealing with any realisableproperty, subject to such conditions and exceptions as maybe specified in the order.(2) A restraint order may apply —(a) to all realisable property held by a specifiedperson, whether the property is described in theorder or not; and(b) to realisable property held by a specified person,being property transferred to him after themaking of the order.(3) This section shall not have effect in relation toany property for the time being subject to a charge undersection 27 of this Act.(4) An application for a restraint order —(a) shall be made by the Police or the Attorney-General;(b) shall be made on an ex-parte application to aJudge in chambers; andRestraint orders.––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––[Original Service 2001]STATUTE LAW OF THE BAHAMAS